show that is the sworn enemy of lying, pomposity, smugness and groupthink. don't miss "hannity," up next. have a great night. >> sean: thank you, tucker. welcome to "hannity." a rare appearance, mark levin, it is time to cut through all the cutter clutter and bring down what we know about wiretapping and the obama administration. that is tonight's opening monologue. over the weekend, president donald trump set off a firestorm and tweeted the following quote? nixon, watergate, unpredictably the left democrats and the alt

left propaganda cronies went into full on meltdown mode and declared the president to be a liar once again. there has also been some pushback. for weeks on this program, on my radio show, i've been discussing what i call obama's shadow government and the career bureaucrats who are working against president trump from inside the government. many of these are people that are president obama hold overs and i've been telling you about we come of the people, there are people in the intelligence community purposely leaking information to try to damage and destroy president trump and the advisors that surround him. one by won, they've been slandered and besmirched. even his children, wife and daughter. the alt left propaganda destroyed trump media, with the sole purpose of stopping president trump's agenda to try to delegitimize the president

with the hopes of eventually removing the president from power. overturning a free election. is this a conspiracy theory, paranoia? no, why? there's a disturbing pattern going on here. retired the tenant general michael flynn. the news reports, captured by what "the new york times" described as a routine wiretapped -- a december conversation. it is not out of the ordinary to monitor foreign officials. but protections which are known as minimization procedures have been put in place to protect americans that are not under warranty. american citizens that are caught up in their surveillance. by the way, their identities are protected, their constitutional rights had to be protected. this was not the case with lieutenant general flynn. we know a transcript of his call was created and given to intelligence officials who then

leaked this information which is a felony, to the press that printed it. back in february when all this was going down, the house intelligence committee chairman called it unprecedented and joined us on this show to explain. >> is this the type of thing where you have a rogue intelligent and they are intercepting phone calls of americans, that is illegal. in other words, if, in fact, they wanted to get the intel or hack into the phone of in this particular case, general flynn, would they not have to get a court subpoena to do so? >> that is correct. i'm not aware that they did that. my guess is that the intelligence agencies did not do this. what i am assuming is this was picked up as they were tracking someone else. if that is the case, that would have had to go up to the highest

levels of the obama administration to get approval to unmask who that person is and in this case it was general flynn. it >> sean: this is just the tip of the iceberg. fox news has not been able to confirm this but the day before the election, the web site heat street published a report, it had the following headline. exclusive fbi granted, buys a warrant. according to heat street, the obama administration went to the highest court, which heat street described as u.s. persons in donald trump's campaign with ties to russia. that was part of a larger probe into russian banks. other outlets like the bbc, the guardian, have also reported that a court warrant was grante granted. there are countless examples of various federal agencies under obama looking into activities of

nications with people associated with the trump campaign. for example, a story back in january -- fbi, five other agencies probe possible covert russian aid to trump. the front page of the dark times ran an article with this headline -- there is also explosive reports from the times, they all left propaganda, destroyed trump at all cost media, they've given very little coverage to. it's not the right conspiracy for them. the obama administration expanded the power of the national security agency to share globally intercepted personal communications with the government's 16 other intelligence agencies before applying privacy protections. now, why would president obama wait until the last minute, two weeks before he is leaving office, the issue that order? it did not apply to him for eight years.

it's obvious. he wanted as much information, to his appointed deep state shadow officials, so they could do exactly what we are seeing. leak it to the press and try and hurt the president with less likelihood that they will get caught. listen closely as i read the statement that was released by obama spokesperson over the weekend. a cardinal rule of the obama administration was that no white house official ever interfered with any independent investigation led by the department of justice. as part of that practice, neither president obama or white house official ever ordered surveillance on any u.s. citizen. any suggestion otherwise is simply false. okay, they did not order it. did they know about it? that statement never said president obama did not know about it, just that you did not know about it. the question that we need answered is very simple and very basic.

it did in fact the president of the united states, what did he know and when did he know it. did the president have any answers about surveillance of an opposition candidate in the middle of an election? the american people deserve the truth. he does not have much credibility because why? the administration wiretapped the phone of our own colleague, james rosen, former attorney general, who knows a thing or two about this entire process. >> this is the difference of being correct and right. i do not think president was correct in saying that president obama ordered a tap on a server in trump tower. however, i think he is right in that there was surveillance. and that it was conducted at the behalf of the justice department. >> what do you base that on? >> news reports that you mentioned, and also on it and

inadvertent -- what that means is, not a criminal investigation but in intelligence gathering investigation. >> sean: did she not cried the night of election night? we will put that aside. there are a bunch of other questions that need answers. what did president obama know about these reported visor requests targeting surveillance of then candidate donald trump? what we are seeing with all these intelligent leaks, this is a coal mine. we need to get to the bottom of what this truth is and where all of this came from and who knew what, when, and where. here with reaction, i call him the great one, do you know what is like to get you on the show? it is like pulling teeth.

>> i am good, how are you? >> sean: i am laying out the basics here. you put together in a very comprehensive way -- this is not the right-wing conspiracy, this is not the conservative sean hannity mark levin. >> it is only conservatives who are concerned about what they are reading in liberal media. did you notice that? the media is very compounded right now, they are very confused. they do not know whether to trust themselves, their colleagues, or what. what did obama know? everything you just read, he knew. because it is in the newspapers. that is pretty big. number two, we know that if a fisa warrant was secured, it is very likely in an intelligence

briefing that the president will be given a heads up. there's nothing illegal about it but he would have been given a heads up we also know that there are all kinds of investigative activities going on. the agencies involved, the fbi, cia, national security agency, i assume obama knew something. unless he is helen keller. let me make another point about this. that is a hell of a lot of agency resources. that is a hell of a lot of investigators. "the new york times," january 20th, i just want to make sure cnn and msnbc are aware of this -- wiretapped data used. i never said independent news reports about the wiretaps, wiretapped data used in inquiry of trump aids. mr. klapper say --

>> sean: he said it on "meet the press" this weekend. >> let me comment. it is very, very important. because if clapper says there was no fisa support or, he was very broad and definite, he said no, i do not -- then what the hell are we talking about? there is not enough evidence for the fisa court. what are all these groups investigating? what are these wiretaps that "the new york times" is talking about? i know they want to focus on donald trump and his tweets. i want to focus on america and the constitution. the reason i got fed up with this last week is because i am a constitutional conservative. i look at this, if i'm reading

these news reports, we have of runaway executive branch. i do not know who knows what and as of today, the media do not appear to know who knows what which is exactly why i've been calling for congressional investigations. why aren't cnn, cbs, nbc, msnbc and all the rest of them, why are they not concerned about this? rather than mocked the president, pay attention to what your own reporters and other reporters are saying. >> sean: what you're saying is really deep and profound here. let me put some emphasis on this. the news media reported the leaks, the news media have reported the surveillance, they reported it repeatedly. at this as a mainstream media, as far as i know they never retracted the story. everybody knew about it. it was not something that was hidden. now in fact, donald trump mentions it happened and somehow this is all, my gosh, this is outrageous. how do we definitively find out that in fact in june and again

in october there were attempts to survey all that then candidate of the opposition party? >> two things need to happen, one way or the other. the fisa applications, which clapper denies, the fisa applications should be released. that is number one. the warrant that was supposedly secured in october should be released. the other thing that needs to be done is these daily presidential briefings that the president receives, the intelligence and law enforcement agencies cord on and prepare, they need to read them. and now we will get to the bottom of this. i find it very interesting, let trump release the fisa stuff. he would be accused of

intimidating the justice department. let congress finally step up and do its job. they have oversight committees. we pay these people do their job. get into those fisa applications. look at the warrant that was released. look at these daily briefings let us see what is in them. >> sean: we miss having one. we will keep you, more with the great mark levin when we come back. jay sekulow, we will get into that. he will react. also tonight, republicans now trying to make good on their promise to repeal and replace obamacare. early this evening, lawmakers revealed their plan to dismantle this law. louie gohmert of texas and mark meadows will join us with reaction. that and more in a new executive order has been released by the president today. straight ahead.

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>> i cannot speak officially anymore but i will say that for the part of the national security apparatus that i oversaw at dna, there was no

such wiretapped activity mounted against the president elect at the time or as a candidate or against his campaign. i cannot speak for other title iii authorized entities in the government or a state or local -- >> if the fbi had some sort of order for surveillance, without the information you would know? >> yes, i would know that. >> you would know if there was a fisa order if it did exist. >> i can deny it. >> sean: contradicting himself himself. james clapper yesterday at meet the press, we continue with the great one, mark levin. obama gives a statement that says they did not order it. but that does not mean he doesn't know it. he puts all these caveats here, clapper does, i can't officially -- >> let me take it differently.

i accept everything james clapper said. it contradicts every piece of significant reporting over the last six months. if he is saying there was no fisa application, there was no fisa warrant, then why have so many news entities said that there are? that's number one. number two, why did chuck todd not have james clapper on it months ago? weeks ago? to disclaim that this fisa stuff was hanging out here. they are all pivoting, including the media. they were are trying to present the case of overwhelming connections, overwhelming concerns, overwhelming potential evidence of trump and the campaign involved with the russians. now it is wait a minute, no, because i say these are police state tactics. you have no basis for all these investigations. now they are saying wait a minute, we didn't have a fisa

warrant. we did not do these wiretaps, eavesdropping. now the media are completely confounded. chuck todd said, i've got him now. by the way, i endorsed ted cruz. just so the liberals know, during the republican primaries, i want our president to succeed. this is about the constitution. so which is it? >> sean: you also voted for trump, you told your audience. >> absolutely. which is it? where there are fisa or not? if there weren't, why didn't you report that weeks ago? if there are, some of us would like to see them. the media is turning on the media. we have leaks coming out that our felonies, stories about six federal departments and agencies, intelligence and law enforcement that were investigating something, somebody, by somehow. what is the answer? that is why we need to get to the bottom of this. i have a question. >> sean: go ahead, you be the

host. >> why all the investigations? was there any evidence? i just need to finish my sentence. was there any evidence a scintilla of evidence that trump and his campaign and biters and his transition team were on the tape? >> sean: none. >> than wire six federal departments and agencies investigating? >> sean: this is profound for a lot of different ways. fourth amendment, fifth, sixth, first amendment protections. the question that every american needs -- >> you're talking about police state tactics. >> sean: if they can do what they did to michael flynn and that it's here what ever -- they had every right to go after russian ambassador but the espie act is clear. if they identify an american,

they are supposed to follow a process called minimization. why does this matter? this is unreasonable search and seizure. they can do that to a presidential candidate, either they did it or they did not do it. if they do it, that means "the new york times" owes the country an apology. that means every major newspaper and network owes the american people an apology. it's become "the new york times," january 20th, wiretapped data it used. read that earlier. the fbi is leading the investigation. aided by the national security agency, cia, treasury department financial crimes unit. this is on inauguration morning. the investigators have accelerated their efforts in recent weeks but have found no conclusive evidence or wrongdoing, the officials said. one official said, intelligence reports based on some of the wiretap communications have been provided to the white house.

now, i did not write that. you didn't write that. i asked mr. clapper, the fbi is leading an investigation. did you know about that? aided by the nsa and the ci ci? did you know about that, sir? based on some of the wiretap communications, provided to the white house, did you know about that? chuck todd -- why did you not asking these questions? that is my question. >> sean: let me ask you a quick last question. because you put all this together and you made such a compelling case here, it cannot be argued intelligently because it is either one or the other. then you get attacked by these little pipsqueak's on television. let us go to one example. >> what does the white house gain by the president -- by steve bannon most likely handing the president of the

united states a breitbart article and talking about what a rapid right wing talk show host has been theorizing? >> sean: liberal joe is calling you a rapid right wing host. >> he is a chameleon. let me say this. here is what i do know -- remember the movie, "the deliverance?" joe is a spitting image, isn't he? >> sean: [laughs] okay, i have to go, will you come on the show more often? you are invited on all the time, you are one of my best friends and you don't come on the show. tell the audience why. >> we have see rtv right here. baby. >> sean: thank you, my friend. good to see you. very compelling, more reaction to president trump's claim that he was wiretapped by the obama

administration. a former nsa intelligence official will join us next. louie gohmert and mark meadows will join us on the obamacare replacement plan, at least the outline of it, straight ahead.

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learn more at your john deere dealer. >> the president has been very clear as we have stated, there is enough there that we want -- to use of resources the house of the intelligence committee looks into this matter. i don't want to get ahead of where they may go with this or what they may look at but i'm going to leave it to them, if we start down the rabbit hole of discussing some of the stuff, we end up in a very difficult place. >> sean: that was sean spicer earlier today talking about president trump's wiretapping

claims. joining us now, jay sekulow. bill bening is with us. i think mark did a really good job of breaking down the media report of this. the liberal media. but let us get back to deep state shadow government and the fact that you have all these obama holdovers, 500 people that need to be confirmed, only last week that we get carson and rick perry. all these people, all these lifetime bureaucrats and now all these intelligence leaks, all of them are a felony, are they not? >> they are a felony. you basically have unelected unaccountable bureaucrats deep within the government. the shadow government. these bureaucrats are not locked up at all with this administration. they are counter to it. in their view, they are saving the country. then you have the leaks. the most telling aspect of this, something you and i talked about, 17 days before obama

leaves office -- 17 days before he leaves office, he had been in office for eight full years, he changes the way in which signal intel is distributed. since the reagan era it would just go to the nsa. they decided where the raw data would go. he changed it with 17 days left. it makes a much more difficult to determine who is engaged in the leaks but what is getting lost in this entire discussion and that is what i think we have to focus on is this information is being leaked. >> sean: selectively and in the case of general flynn, things that should never have been leaked. this is unprecedented. didn't you write fee '78 fisa law? >> i didn't but i know it very

well. >> sean: i'm sorry, i misspoke. he retired, why? >> i retired in october 2001 because they started spying on everybody in the united states. although u.s. citizens citizens, the bulk data, the second circuit court of appeals ruled. in 2015. >> sean: it is your belief that every american citizen, all of this data, all of our cell phone calls, all of our text messages and all of our emails -- it is your belief and one of the reasons we retired because you cannot live with this any longer -- is that every american, all of this being saved and stored? >> that is correct. that is also why i put a sworn affidavit for the nsa lawsuit. >> sean: i find this -- here you are, a highly placed nsa official, then you become a whistleblower.

from what i understood, you worthy architect in some way but i misspoke may be. you would be saying that james clapper committed perjury. did he? >> he was talking about a fisa court order. all these collections being done under executive order 12333. >> director clapper actually testified that there was not bulk data collection and then had a corrected testimony when the wikileaks came out. >> sean: what laws do you believe are broken here? >> look, anytime you are sharing a national security information or classified information, you are talking about espionage. >> sean: the espionage act we are talking about. then the release on general

flynn was a violation of the espionage act? >> correct, every time they did it by the way. multiple felonies. what needs to be taking right now, i have complete confidence in attorney general sessions. an investigation not done the way eric holder and loretta lynch did it but compiling a grand jury, find out who leaked the information, prosecute them to the fullest of the law. >> sean: when they expanded the executive order of 12333, that was supposed to make it more difficult to identify those people? why would they do that? >> that is the only reason because what it did was it took a very small pool of people and increased it 17 fold. it makes it much more difficult. but it does not make it impossible and to prevent a constitutional showdown, the attorney general knows -- you have your licking of classified information, a felony.

>> sean: if donald trump is wrong, that would mean that "the new york times" is wrong. >> to release information, sean, there is an ongoing investigation the president should be giving information out. that would be appropriate, turning over to congress -- >> sean: so it was meaningless when he said he did not directed? bill, let me go back to you. executive order 12333. it was revised in the final two weeks of the obama administration. eo 12333. that allows our government to literally wiretap and metadata store every phone call of every citizen, every text and email? that is your belief? >> it is 23c that actually says if you have the intent to find a drug dealer and a 64 fiber

line or ten gigabyte line, if you believe there is a drug dealer in there you can collect all the data on the line, store it, mine it and preserve it. even though 99.9% is domestic communications. this has been going on for a long time. >> sean: so every phone conversation i have had in my life you believe has been taped? >> without warrants, yes. transcribers down at fort gordon, georgia, they have transcriptions with no warrant whatsoever. >> sean: we better get to the bottom of this. thank you for being with us. we have a long way to go here. by the way, you will not hear this on the major networks. i can't wait for "the new york times" to apologize or confirm their original reports. coming up next on "hannity"... >> i am also calling on this

congress to repeal and replace obamacare. >> sean: the president promising that he would repeal and replace obamacare, tonight congressional republicans have released a plan to do just that. i'm next, to go republican lawmakers louie gohmert and mark meadows are here with reaction. later, matthew and mercedes schlapp join us. that's all ahead. la quinta presents "how to win at business." step one: point decisively with the arm of your glasses. abracadabra. the stage is yours. step two: choose la quinta. the only hotel where you can redeem loyalty points for a free night-instantly and win at business.

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>> sean: welcome back to "hannity," president trump promised you that he will repeal and replace obamacare and earlier tonight the g.o.p. released their plan to do just that. a brand-new replacement plan and we pledge to hold washington and republicans accountable. that is what we are doing tonight. here now are two members of the freedom caucus. i know that jim jordan has been critical of the bill, it is 123 pages. i got an outline of these things, i think the first thing we have to say is this bill is going to have amendments. congressman meadows, tell us what your major criticisms are. >> sean, i think probably the

biggest thing i see is certainly we are making progress. i would be remiss if i did not acknowledge the fact that some of the taxes that were in the initial version have been eliminated and so we can applaud -- fat. it is still in there, it just comes back in eight years. we really need to look at some amendments, make sure that we get rid of the taxes, we put something on president obama's desk a few months ago and to suggest that what we put on president trump's desk has new entitlement, keep some taxis, does not repeal all of obamacare -- we have to do better and hopefully we have some amendments that will do that. >> sean: let me ask you specifically about not repealing it completely. some people are saying they should pass the 2015 bill which would be a complete repeal.

they have to do it because you only need 51 votes in the senate versus 60. any merit to that argument? >> certainly when you look at the reconciliation process and you look at 51 votes, that is one of the hurdles we have. this does not even go as far as we went in 2015 to repeal all the medicaid expansion, as we are looking at that we need to find that sweet spot. the biggest concern i have -- attached will at lower health care costs and premiums to those people that i serve and that louie gohmert serves? until we get that answer, we have to hold that judgment. >> sean: health savings accounts are part of it, there is this guy in wichita, kansas, he created a cooperative in his city where you get all the

medical care. unlimited. 50 bucks a month as an adult. he associates directly with pharmaceutical companies. 90% of the costs go away. a lot of things have happened. there are good things in this bill, blocking funds for abortion providers, planned parenthood. you are upset with what parts? >> like mark mentioned, the cadillac tax in there, this comes back. then it creates a new entitlement program. i have already from these constituents. you are creating another entitlement program. we are calling it tax credits that we actually send people tax. it's another way to do the subsidy i guess. another concern -- >> sean: what would be the antidote to that? what would you prefer? >> that we bring the prices down adequately, so that more people

can get help, insurance. you talk about these entrepreneur ways of getting insurance. if we do not repeal the exemption, then these entrepreneurial plans are going to be shut out. we have to get that done and it needs to be done separately. another thing, we are going to force citizens, it looks like, to end up paying for people's health care that are illegally here. check your i.d. to get insurance but not health care. >> sean: we know the left's arguments are predictable. every election season, republicans are racist, sexist, islamophobic. they're going to say what about the poor people that cannot afford any health care? what are we going to do about that? >> sean, we really do need to look at the safety net. when we are there, looking at

the medicaid expansion part of that, we have to make sure we are there. this goes beyond that. the other aspect you mentioned a health savings account. i hope the president supports to expand the use of health savings account like rand paul has talked about. >> sean: i like that a lot. so it is not in there completely as you would would wanted? that surprises me. >> it can't go to funding health savings account, it has to go to proof of insurance. if you have that flexibility rake and put it in a health savings account, patients have more control over their doctors. and ultimately it helps. >> how much you can put in health savings accounts, we need to get rid of that. we should not be penalizing states that did not expand medicaid. >> sean: i may come down to washington and get a group of

you guys on all sides and see if we can do an hour and let the american people here every detail, you have to pass it to find out what is in it. thank you both for being with u us. there will be amendments. i have to go, i am late. more reaction to the g.o.p. health care plan with matt and mercedes schlapp. up next. we give people options based on their budget with our name your price tool. what does an incredibly awkward between the legs dribble do? what's the matter flo? scared you can't keep up? jaime! swing a wide paint, hollow scoop on three. [ screams ] guess i have more jump than i thought. progressive's name your price tool. you don't have to be able to dunk to use it, but it helps. whew, gravity? feel free to be yourself all day.... just switch from denture paste

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>> sean: welcome back to "hannity," more reaction to the health care plan. mercedes schlapp and from the american conservative union, match slap. of course who we see every year. you did a good job taking my place. by the way, if you look at this couple, they have the cutest kids. they have been married -- matt married way out of his league. just an easy observation. jim jordan, louie gohmert and mark meadows. a lot of conservative criticism. it will have amendments. is this a good start the beginning of a civil war war? >> i think is a good start. to try to get to this question of what does replacement look

like something that paul ryan and others have been talking about for a year. rough slotting with conservatives for a whole slew of very reasonable concerns but this is how the legislative process starts and i am glad it is starting. >> i think republicans recognize they have to get this bill righ right. there is too much on the line, we know what the midterm elections are in 2018, they need to make sure that this is a successful process and it will mean negotiation occurring in congress. i think you will see president trump stepping in at some point, if he is finding something he doesn't like. but i do feel that it is a step in the right direction. >> sean: are you worried about entitlement? >> yeah, it is expensive. the size of these refundable tax credits, they are very large. >> sean: how do we answer those that are saying the left is going to say, what about the poor people? do you want children to die?

that will be there argument. >> are we for lowering the health of health care but keeping it the best in the world or is it all about having people have health insurance for very mediocre health care? that is what obamacare was and that is why it never got up to 50% in the polls. >> i believe that republicans need to think that those with lower income are taking care of to a certain degree. leave it to the states, let them figure it out with medicaid. also, the republicans, some of them are going to keep the medicaid expansion in this. republican government or supports it. >> sean: i have to run. you have by the way, four beautiful girls? >> five! >> sean: i had three older sisters and one bathroom. that is what you call hell on earth. i only give political advice. good to see you both, dear friends. we need your help, an important

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>> sean: time for our question of the day. what do you think about president trump's accusations. the news media was wrong if the obama administration wiretapped him. are they going to apologize? facebook.com/seanhannity. @seanhannity on twitter. time to play the messages. >> you are the best. grab some pigskin. >> your tie is always off to the right. kindly center that for me before i lose my sanity. thank you. keep up the good work. >> sean: i think she is right. i spend 30 seconds and the makeup chair. i don't pay attention to this

stuff. something nice you want to say, something mean. call the number on your screen, 877-225-8587. i would throw the real pigskin but i've broken enough lights in the studio. we will see you tomorrow night. >> bill: "the o'reilly factor" is on tonight. >> at this point, you can confirm or deny whether that exists? >> i can deny it. >> there is no fisa court order? >> not to my knowledge. >> of anything in trump tower? >> no. >> bill: major angst in washington, president trump tweeting that he believes the obama administration tapped his operation. we will talk to newt gingrich about that. also, there is a new travel ban order. brit hume has some thoughts. violence between pro and anti-trump demonstrators getting worse, even as a college professor is attacked for bringing a speaker onto campus. we will tell you what wen know. >> you are from lebanon and you